Toplitz v. Bauer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Louis Bauer and others, as executors, ■etc., of Challes Bauer, deceased, from.a, judgment- of the Supreme' ■Court in favor of the plaintiffs,, entered in the office of the clerk of the county of blew York on the 31st day óf -May, 1898, upon the ver-' diet of a jury, and also from an order entered in said clerk’s office, on the 1st day of June, 1898, denying the defendants’ motion for a new trial, made upon the minutes.
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Appeal by the defendants, Louis Bauer and others, as executors, ■etc., of Challes Bauer, deceased, from.a, judgment- of the Supreme' ■Court in favor of the plaintiffs,, entered in the office of the clerk of the county of blew York on the 31st day óf -May, 1898, upon the ver-' diet of a jury, and also from an order entered in said clerk’s office, on the 1st day of June, 1898, denying the defendants’ motion for a new trial, made upon the minutes. The amount of the policy in question in this action, which was issued by the Mutual Life Insurance Company of New York on the life of George Lisner,…
1Opinion of the Court
Patterson, J.:
This action was brought to recover damages for the alleged conversion by the defendants’ testator of a policy of life insurance, pledged hy the plaintiffs’ assignor as collateral security to a loan .made by the testator, Charles Bauer, on the 16th of July, 1890, to Rosa Lisner (the plaintiffs’ assignor) and George Lisner, her husband, the latter being also the assured mentioned in the policy of •insurance pledged. When the loan was made, Rosa and George Lisner delivered to Charles Bauer an instrument dated July 15, 1890, by which they transferred and set over to him all their…
2Cases cited12 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Whitehead v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Stearns v. MarshNew York Supreme Court · 1847
- Patchin v. PierceNew York Supreme Court · 1834
- Armstrong v. Agricultural InsuranceNew York Court of Appeals · 1892
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3Cited by3 opinions
- Ver Planck v. GodfreyAppellate Division of the Supreme Court of the State of New York · 1899
- Musser v. McCornick & Co.Utah Supreme Court · 1920
- Alper v. LupoliNew York Court of Appeals · 1966